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The Code of Civil Procedure, 1908: page 191

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 191, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless
the Court, having regard to all the circumstances of the case for any special reason, otherwise orders.]

    4. Application of Order to appeals.—In the application of this Order to appeals the word
“defendant” shall be held to include a respondent and the word “suit” an appeal.
     1
    [Explanation.—In this Order, “statutory instrument” means a rule, notification, bye-law, order,
scheme or form made as specified under any enactment.]

                                                         ORDER XXVIII

                               Suits by or against military 2[or naval] men 3[or airmen]

    1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or
defend for them.—(1) Where any officer, 4[soldier, 5[sailor] or airman] actually 6[serving under the
Government] in 7[such] capacity is a party to a suit, and cannot obtain leave of absence for the purpose of
prosecuting or defending the suit in person, he may authorise any person to sue or defend in his stead.

     (2) The authority shall be writing and shall be signed by the officer, 4[soldier, 5[sailor] or airman] in
the presence of (a) his commanding officer, or the next subordinate officer, if the party is himself the
                                                                             e
commanding officer, or (b) where the officer, 4[soldier, 5[sailor] or airman,] is serving in military,
2
                                                                            od
  [naval], 8[or air force] staff employment, the head or other superior officer of the office in which he is
employed. Such commanding or other officer shall countersign the authority, which shall be filed in
Court.                                                                aC
     (3) When so filed the countersignature shall be sufficient proof that the authority was duly executed,
                                                                di
and that the officer, 4[soldier 5[, sailor] or air man] by whom it was granted could not obtain leave of
absence for the purpose of prosecuting of defending the suit in person.
                                                           In
     Explanation.—In this Order the expression “commanding officer” means the officer in actual
command for the time being of any regiment, corps, 2[ship,] detachment or depot to which the officer,
4
  [soldier 5[, sailor] or airman] belongs.
     2. Person so authorised may act personally or appoint pleader.—Any person authorised by an
officer, 4[soldier 5[, sailor] or airman] to prosecute or defend a suit in his stead may prosecute or defend it
in person in the same manner as the officer, 4[soldier 5[, sailor] or airman] could do if present; or he may
appoint a pleader to prosecute or defend the suit on behalf of such officer, 4[soldier 5[, sailor] or airman].
     3. Service on person so authorised, or on his pleader, to be good service.—Processes served upon
any person authorised by an officer 4[soldier 5[, sailor] or airman] under rule 1 or upon any pleader
appointed as aforesaid by such person shall he as effectual as if they had been served on the party in
person.
                                                 ORDER XXIX
                                        Suits by or against corporations
     1. Subscription and verification of pleading.—In suits by or against a corporation, any pleading
may be signed and verified on behalf of the corporation by the secretary or by any director or other
principal officer of the corporation who is able to depose to the facts of the case.




1. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977).
2. Ins. by Act 35 of 1934, s. 2 and Sch.
3. Ins. by Act 10 of 1927, s. 2 and Sch. I.
4. Subs. by s. 2, ibid., and Sch. I, for “or soldier” and “or a soldier”.
5. Ins. by Act 35 of 1934, s. 2 and Sch.
6. Subs. by the A.O. 1937, for “serving the Government”.
7. Subs. by Act 35 of 1934, s. 2 and Sch., for “a military or air force”.
8. Ins. by Act 10 of 1927, s. 2 and the Sch.

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